Mr. Shashank Bivalkar v. Mrs. Anjali Bivalkar

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.310 OF 2016 IN FAMILY COURT APPEAL NO.127 OF 2017 Shashank Bivalkar ....

Applicant

Versus

Anjali Bivalkar ....

Respondent Mr. Yuvraj P. Narvankar for the Applicant.

Mr. S.M. Railkar for the Respondent.

CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 7TH AUGUST, 2017.

P.C. :

.

Heard both sides.

2.

The Respondent-wife had preferred a Petition before the Family Court, Pune, seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty. The said Petition was allowed by Judgment and Order dated 22nd February 2016. The Appellanthusband sought review of the said order, which came to be rejected by the Family Court, Pune, on 22nd August 2016.

1/2 CAM-310-16==.doc

3.

Being aggrieved thereby, the Appellant-husband has preferred Family Court Appeal No.127 of 2017, in which the present Civil Application has been preferred seeking stay to the Judgments and Orders dated 22nd February 2016 and 22nd August 2016, passed by the Family Court, Pune, granting divorce.

4.

It is seen that, thereafter, Respondent has got married. A copy of the Certificate of Registration of Marriage dated 7th September 2016 has been tendered before the Court, which is taken on record and marked "X" for identification. The said Certificate of Registration of Marriage shows that marriage of the Respondent took place with one Mr. Parag Prakash Rasne on 26th August 2016.

5.

In view of this fact, the present Civil Application has become infructuous. Hence, the same stands dismissed. [DR. SHALINI PHANSALKAR-JOSHI, J.] [ SMT. V.K. TAHILRAMANI, J.] 2/2 CAM-310-16==.doc